Fishery (General) Regulations

39 (1) The Regional Director-General may designate as an observer any individual who is qualified and trained to perform any of the duties described in subsection (2) and who

• (a) does not hold a certificate of accreditation issued under the Professional Fish Harvesters Act, S.N. 1996, c. P-26.1, or a fisher’s registration card;

• (b) does not purchase fish for the purpose of resale; and

• (c) is not an owner, operator, manager or employee of an enterprise that catches, cultures, processes or transports fish.

(2) The Regional Director-General shall assign to an observer designated under subsection (1) one or more of the following duties:

• (a) the monitoring of fishing activities, the examination and measurement of fishing gear, the recording of scientific data and observations and the taking of samples;

• (b) the monitoring of the landing of fish and the verification of the weight and species of fish caught and retained; and

• (c) conducting biological examination and sampling of fish.

(2.1) An observer designated under subsection (1) shall transmit in a timely manner to the Department or to a corporation designated under subsection 39.1(1), as the case may be, the information collected and compiled in the course of their duties under subsection 39(2).

(3) An observer who is assigned the duties set out in paragraph (2)(a) shall perform those duties while on board a fishing vessel or in an aquaculture facility.

(4) An observer who is assigned the duties set out in paragraph (2)(b) shall perform those duties while at a fish landing station or in an aquaculture facility.

(5) An observer who is assigned the duties set out in paragraph (2)(c) shall perform those duties while on board a fishing vessel, at a fish landing station or in an aquaculture facility.

(6) The Regional Director-General may revoke the designation of an observer designated under subsection (1) if the observer

• (a) no longer complies with the criteria set out in that subsection;

• (b) performs his or her duties in respect of a fisher with whom the observer is not dealing at arm’s length;

• (c) falsifies any information transmitted in the course of his or her duties or fails to perform those duties; or

• (d) fails to perform his or her duties in a competent and professional manner.